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OJUOLAPE V. BENNING

(1957) JELR 81497 (SC)

Supreme Court  •  15 Feb 1957  •  Ghana

Coram
Windsor-Aubrey J

Appearances
The plaintiff judgment-creditor appeared in person. Doe for the defendant. Koi Larbi for the auctioneer and purchaser.

Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p><strong>WINDSOR-AUBREY J. </strong></p><p style="text-align: justify;">This is an application to set aside a sale of immovable properly on the grounds of material irregularity. The only material irregularity is that ,the sale was made without proper notice. Order 51, Rule 15, prescribes that there shall be at least twenty-one days&#x27; notice of sale. The applicant alleges that his farm is worth £1,000 and that the absence of proper notice resulted in the farm realizing only £400. He is not a reliable witness as he says his farm of 12.28 acres has roughly a million trees on it which is manifestly absurd.What happened is that the sale was originally due to take place on January 26, 1956, but, as a result of interpleader proceedings, the sale was postponed indefinitely. Eventually the interpleader was rejected and on October 12, 1956, the Registrar sent to the auctioneer a telegram as follows: -</p><p style="text-align: justify;"><em>“Reference case Ojuolape versus Benning interpleader struck out proceed with execution letter follows.&quot;</em></p><p style="text-align: justify;">The auctioneer took this to mean that t…</p>

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